Performing marriage while a fake registration in challenged

Dear Friend From your query it appears that you had married and that marriage in court of law, challenging the marriage certificate. I ask you, are you married? Is that Certificate valid? Your query is not clear. Is there any stay order of court restraining you from marring again. If yes, then your second marriage would be illegal. You could be prosecuted for the same. Give some clarity for better opinion. Regards VIRAJ KADAM Advocate, Supreme Court of India

Bony, First of all what is the case, whether a case for declaring the marriage null and void or divorce or to declare the marriage certificate a fake and fabricated one? As you rightly apprehended that you may attract punishment under law for an offense of bigamy if you marry during the pendency of the ensuing case, dont try that trick until you are coming out Scot free of the present crisis. Lawyers are not astrologers or God to predict the time lag and different issues to be decided by a judge or the circumstance that arise accordingly, which you might have personally experienced, hence instead of playing the blame game, do what is required for the present.

Dear Advocate Shri Kadam and Shri Vellore: Thank you for your note here. Please allow me to give some details. I was only engaged to a girl and based on that in my physical absence a marriage registration was done in a local municipality. There are an event DVD and attendees to support this. 3) Since then there was a threat to me and a widow mother by other side to perform a permanent immigration or girl will file a case n send us in jail, if not cooperated them. 4) Eventually, we had to file a complain to the chief marriage registrar of a state and FIR ...3 yrs ago abt this. Girl filed DV 2005 for money and got a stay on FIR. Both r in pending. Police gave an initial investigation report stating that no hindu marriage was done.... (DV 2005 and FIR of getting a fake registration are in pending). 5) 20 months before a girl filed a divorce petition and we replied stating no question of divorce when there was no hindu marriage as certificate follows HMA. So, both lawyers r now working on getting a registration cancellation order from a court by performing a cross-examination (only for demonstration to a judge, that's what my lawyer said), as a joint petition of a certificate cancellation was not accepted by a court via my POA. 6) At present, my lawyer is working on getting a cancellation order from a district civil court, pronouncing an alleged marriage registration as a fake and invalid as no any Hindu marriage was performed. it has gone to 2 years now!. 7) My question is, while this marriage certificate is challenged and proceedings are ongoing in a court, is it feasible to marry? Lawyers has been telling that cancellation will be done in a month..but not even a cross examination has begun. Many thank you for your precious time and reply. Abhi

Dear Friend

Right or wrong, legal or illegal, your marriage is in Court of Law. In such a case you should not marry. You may face problems and complications. 

Regards

VIRAJ KADAM

Advocate, Supreme Court of India